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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TICO Insurance Company,
Civil Action - Law
Plaintiff
vs.
No. Cf7-llfl'Y Fj<-:f7 77"
EQUITY
SHAU DONG WONG,
Defendant
ACTION FOR DECLARATORY JUDGME~
AND NOW, comes the Plaintiff TICO Insurance Company by its
counsel Michael B. Scheib, Esquire and Griffith, Strickler, Lerman,
Solymos & Calkins, and files the following Action for Declaratory
Judgment, In support of this action Plaintiff states as follows:
1, Plaintiff is TICO Insurance Company, a duly licensed
insurance company with offices for doing business at 3607 Rosemont
Avenue, Suite 202, Camp Hill, Pennsylvania 17011,
2, Defendant Shau Dong Wong is an adul t individual who
currently resides at
1100 Gunstock Lane,
Mechanicsburg,
Pennsylvania, Cumberland County, Pennsylvania,
3, This is an Action for Declaratory Judgment pursuant to the
provisions of the Declaratory Judgment Act, 42 Pa.C,S,A, Section
7531-41 and Pa,R,C.p, Number 1601-04 for the purposes of deClaring
the rights, status and other legal relations between the parties
hereto as hereinafter set forth,
4. On or about October 20, 1995 Defendant Shau Dong Wong was
employed by Gin-Yong, Inc., a chinese restaurant, located at 320
Chestnut Street, HarriSburg, Dauphin County, Pennsylvania.
5. On or about October 20, 1995 at approximately 7:15 p,m.
Defendant Shau Dong Wong was delivering chinese food on behalf of
his employer, Gin-Yong, Inc. While acting in the course and scope
of his employment Defendant Shau Dong Wong was involved in a motor
vehicle accident.
6. The motor vehicle accident occurred near the intersection
of Lambs Gap Road and Locust Lane, Hampden Township, Cumberland
County, Pennsylvania, The owners of the other vehicle were Jeff
and Colleen Gonsar, As a result of this accident, the Gonsars have
initiated a lawsuit. A copy of the Gonsars' Complaint against Shau
Dong Wong and Gin-Yong, Inc. is attached hereto and marked as
Exhibit "1",
7. At the time of this incident, Defendant Shau Dong Wong
wa~ operating a 1988 Dodge Van with license plate number EWT-527.
The vehicle was registered in Pennsylvania, The owner of the 1988
Dodge Van was Gin-Yong, Inc,
8. Defendant Shau Dong Wong had motor vehicle insurance for
this vehicle with Plaintiff TICO Insurance Company. A copy of the
insurance policy is attached hereto as Exhibit "2".
9, The TICO insurance policy has an exclusion for business
activities, In its relevant part it provides that no coverage is
provided for any loss occurring when any vehicle is used in
connection with any business or employment except farming and
ranching. (See Part I Coverage for Liability to Others;
Exclusions (q)),
10. The TICO insurance policy also provides for an exclusion
for non-owned automobiles. In its relevant part it provides that
no coverage is provided for a non-owned automobile while used in
.'
connection with any business or occupation of the insured, (~
Part I - Coverage For Liability to Others; Exclusions (h).)
11. Shau Dong Wong was operating the 1988 Dodge Van in
connection with a business. Accordingly, TICO has properly excluded
coverage for the loss,
12, Defendant Shau Dong Wong has failed to cooperate with
TICO into the investigation of the accident.
13, The TICO insurance policy provides that the insured must
cooperate with TICO in the investigation of any accidents. (See
Part VI - Conditions for All Coverages)
14. Defendant Shau Dong Wong has failed to cooperate with
TICO into the investigation of this accident, Accordingly, TICO
has properly excluded coverage for this loss,
WHEREFORE, Plaintiff TICO respectfully requests this Honorable
Court to enter judgment:
a) declaring that Defendant Shau Dong Wong was acting in
the course and scope of his employment at the time of the October
20, 1995 motor vehicle accident;
b) declaring the TICO insurance policy does not provide
motor vehicle insurance coverage to Defendant Shau Dong Wong for
the October 20, 1995 motor vehicle accident; and,
c) declaring that TICO Insurance Company is not required
to defend, indemnify or protect Defendant Shau Dong Wong in
connection with the lawsuit which arises out of the October 20,
1995 motor vehicle accident and which lawsuit was initiated by Jeff
and Colleen Gonsar and against Defendant Shau Dong Wong.
~AlDIS, GUIDO, SHUFF & ~IASLA"'l)
26 W. Hl,.ul D I KtBT
- CARLISLE, PENNA, 17013
PHONB (717) 2~~,6222
l'W. ... ."
II' J'EFF' GONSAR' and'" '. .., ..
COLLEEN GONSAR,
I Plaintiffs
v.
. ,', .
. : ""--IN THE"COURT' OF' COMMON PLEAS..OF....
CUMBERLAND COUNTY, PENNSYLVANIA
. .....-......--...-... ,..~. . ..... "" '"
J
,.
,
I,
SHAU-DONG WONG, an adult
lnulvld~al ~nd :.
GIN-YONG, INC., a
Pennsylvania Corporation,
Defendants
96- 505'1 CIVIL ACTION
,
,
i
H9TICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD ThKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
SAlDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hi&h 511"1
<:&rUslo, PA
Lawyer Referral Service
Court Administrator
Cu~berland Co~nty Courthouse
One Courthouse Square
Mi',", PA ~;a
(717) "3-"00 -\
Edward E. Guido, Esquire
Attorney for Plaintiffs
TRUE COpy FROM RECORD'
In Testimony whereof, I here untci set my hand .
.'" J t~,U saal of said Court at Carlisle, Pa.
li",;. iJ..:tJv day Of~. 1~ ~'(..
. (
'I
i EX":IIT
Jt:l"r uVu.Jnn. w.....
COLLEEN GONSAR,
Plaintiffs
CUMBERLAND COUNTY, I'I:.l'll'l::' I &"v I\IUI\
v.
96- 505"'7 CIVIL ACTION
SHAU-DONG WONG, an adult
individual and
GIN-YONG, INC., a
Pennsylvania Corporation,
Defendants
,
COMPLAINT
AND NOW, comes the Plaintiffs Jeff Gonsar and Colleen Gonsar
by and through their attorneys Saidis, Guido, Shuff & Masland and
aver as follows:
1. The Plaintiffs are adult individuals who currently
reside a~ 114 Nor~h 5~h S~reet, Halifax, Pennsylvania.
2. The Defendan~ Shau-Dong Wong is an adul~ individual who
SAIntS, GUIDO,
SHUFF &
MAS LAND
26 W, HI&h Sir""
Cllli.l"P"
currently resides at 1100 Guns~ock Lane, Mechanicsburg,
Cumberland County, Pennsylvania.
3. Defendant Gin-Yong, Inc. is a pennsylvania corporation
wi~h its principal place of business at 320 Chestnut Street,
Harrisburg, Dauphin County, Pennsylvania.
4. At all relevan~ times, Defendant Shau-Dong Wong was an
employee, agent and servant of Gin-Yong, Inc., acting within the
scope of his employment.
5. The events hereinafter complained of occurred on or
about October 20, 1995 at; approximately 7: 15 p.m. in Hampden
Township, Cumberland County, Pennsylvania on Lambs Gap Road in
the vicinity of its intersection with Locust Lane.
"
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~
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5
SAlDIS, GUIDO,
SHUFF &
MAS LAND
26 W, Hi,h Slltet
Culille.PA
6. The intersection of Lambs Gap Road and Locust Lane
controlled by a stop sign placed along Locust Lane.
7. At said time and place, Defendant Shau-Dong Wong w
operating a 1988 Dodge Van owned' by Defendant Gin-Yong, In
along Locust Lane. He was attempting to access Lambs Gap Ro
from the Stop sign on Locust Lane.
8. At said time and place, Willard H. Weaver was operatir
a 1994 Lexus owned by Plaintiffs in the northbound lane of Larot
Gap Road.
9. At said time and place, Defendant Shau-Dong Wong caUSE
a violent collision by driving his vehicle into the side c
Plaintiffs' vehicle, which was being operated by the aforesai
Willard H. Weaver.
10. Plaintiffs' damages as hereinafter set forth were th
direct and proximate result of the negligence of Defendant Shau
Dong Wong then and there occurring.
11, Defendant Gin-Yong, Inc. is responsible for thl
negligent actions of its employee, agent and servant Shau-Don~
Wong, then and there occurring.
12, Defendant Shau-Dong Wong was negligent generally and ir
the following particulars:
a.
Operating his vehicle in a reckless manner;
Failing to yield the right-of-waYi
Failing to maintain a proper look-out;
b.
c.
d. Failing to have his vehicle under proper
Control;
2
, ,
TICO INSURANCE COMPANY
PRIVATE PASSENGER AUTO POLICY AGREEMENT
For Policyholders Residing in the State of Pennsylvania
With
TICO Family Auto Policies
TABLE OF CONTENTS
Policy
Definitions ",.,.".."""......". .,.',."..,.", ."",. ,. '" ""."...., ,.."..."."",.,.,..,...."", .... ..". "..""...3
You and your."" ,., .,."..,. .",.. .." .... ."" ",.,."....,.,..."....""...".....,.,.,......",3
We, Us, and Our...."..........,..............,....,........,....,....,..,........,....,..........3
Listed Vehicles "",.,.. .""...... ..',.... ,...,."....."",.,..." ...,..""".."..,.,....,."",3
Insured Vehicles ",., """ ,.... .....'""..., .,..,...,.,..".,."...,.,...,..,..,' ".,..,...,..",3
Listed Drivers."" ",.", ".". ",....,.,... .....",.,:.."..,..""...."..",.",."",..",.".",3
Insured Drivers""."",.,..".",.....""...,....,..,..",...",.,....""."..,.."..,...,...., ,3
Auto Business"."" ",..., '" ..."."".."",.,..""",..,..,."..."..."",.,....,.,',...."" ,4
Bodily Injury. .,. ",', ."."",. ."...,... ",. ...,....,...', ",.""""." ,.,.. ,.., ."".,.,.".,.,.,.4
Loss..,...",. ,. .". ,.,. .,.." .,.."".",..' ,.."". ,.,."",.. ."".."....,..,.....",....,. ".,."". ,4
Noneconomic Loss ,.. "",.".,.,.".,................... ."..",..,.,........",..",.""... ,..4
Occupying .""".,.", ..'"..',... "..,...."....,.",..."..,.",..,..."......"".."",..,..,..,,4
Occurrence.",.",."",..,.".,.."",.............. ,..""",...",.."",..,.".."........,....,.4
Private Passenger Car". ,.,.' ..." ..."""....".........." ,..,.,.....,... "'.'..,,,.',. "" ,4
Property Damage ".,. "".,...,.,.,.,....... ....,..,."....... ..""..."..'.. ,..,..,.,...,...".4
Relative '" ",.,."". .""".", ,..,....".""..,.",............",... .........,..",....,....,....,,4
Serious Injury"."",.."""."".,.,.,...".." ,... ,.."."."..,."."",.,.""".",..,.,"",. ,4
State ,," "".",..",. "",' .",...,.",.."".,......",...,..""...,' "".....,.. ."",.",...",.,.,,4
Utility Car.., ..,." .", ... ."". .",. ,." ...', .,.., .,.. .........""..,."...,.....".""..."",.,.,..4
Utility Trailer.",.,.".."",..,.".,.."".,....,....,....""...."",..,."""..""",.,...,..",.4
War"..",.,."",.""...",.",.""",."",."".,..,.,..,.."".."...."",.""....,."".."".",4
Your Insured Car ..,.........,......,...............................................,....,.........4
Limited Tort Alternative Information Notice ............,....................,..,....,............,...........5
Eligibility for Compensation ,..,..........,..,..,.."....,................................,....,.........,5
Part I - Coverage For Liability to Others ..........,....,....,..,..........................,....,......,..,..,6
Bodily Injury and Property Damage Liability ..............,....,......,......,..,........,......,6
Additional Definitions Used In Part 1....................,..,......,......,......,......,..........,..6
Insured Person or Insured Driver...................,..,....,..................,....,......6
Supplementary Payments,..,.."............".... ,.."..',........ ,..................,.........,....., ,7
Exclusions,....",..,.."....",....""""",..", ,..,..""".........., ..,..........",..,....,.......",....,7
Financial Responsibility Laws"....",..".." ,.., ,.., ,................."......,...............,.,.... ,9
Limit of Liability,.",.."""""..".."..""",..""",....,..""",.."....,..".."..",.."",.....".,..9
Other Insurance '" "..,.."", """"". ",.."..".." ,..,....,....".."".."""..,..,"" ,..,..', .."..,10
TICOPA(PA).05(4,941 _ Page 1- for Pohc'es EffectIVe After 17 April 1994
"
Punitive Damages .."..,.,.....,.......,....."..,',....,...."....,""",.. 10
Part II _ Coverage for Physical Damage to Listed vehicles......,..:::::::::::::::::::::::::::::::: 10
Comprehensive..,............,..,.........,........,..,............,....".... , 10
. ..............................
Collision ,..,..,..,....,..,..,.,..,........,....,..,............,........,.......,..... , 11
............................
To- 19 and Labor ......,......."..,....,..........,...."..........,',..,...,',.,. 11
..........................
Losl> of Use Rental Car Coverage........,..,....,................................................., 11
Additional Definitions for Physical Damage Coverage.... ,............,....,..,..........11
Loss ". ."""." .., ."" .""."", """,.." '" """.,. ."",. ." ,. .,. ". ." ".", .,.".." ."",. .",11
Exclusions"", """'" "., .." ..".,.".., "."."".""," "..".""" "",' ,. .",.... ",..., .""" ..,.',. .,11
Limit of Liability,......... .......,. ,..,....,..,......, ..,....,.., ...., ....,..,.. ......,.. ....,.. ...... ..,.. ..,.. ,14
Limit on Repairs in Mexico ,..,....,....,.........,........,......,..,....,....,..,........,.............,14
When a Loss Payee is Listed ........,..,........,........,............,....,..........,....,..,........14
No Benefit to Bailee ....,....,..,............,..,..,........,......,....,......,..,..,..,....................15
Other Insurance ".,.. .". "".. """.,.. ""...,..,.", "..,..,..',. .",'..,." ....,. ,..."."."",.,.."",15
Insured Duties in the Event of Loss......,......,........,......,..............,..,........,..,......15
Appraisal..... ......' ..,....' ,.. ...',.... '" ........ ....,.. ,.. ....,........ ............,....,....., ......, ....,....15
Payment of Loss ..,......,....,.... , ,......,..........,....,..,............,....,......,........,..........,16
Part III _ Coverage Against Uninsured MotOrists,........,......,........,........,....,..,......,....,..16
Additional Definitions Used for Uninsured Motorists Coverage..,......................16
Insured '" ",.',.. ,,"'," " .."".".. """",. .,.""..,. ,.,..', "..,. ""..', ,.",.""",... ,'" .,.16
UnI:1sured Motor Vehicle ......,..,......,....,..........................,..,....,.............16
Exclusions ," ,'" ",.. ".,. ".. "",.",."....,,' ."".,. ". .,." .",....,.." " .,.', ....""..,...",...,',.". ,17
Limit of Liability,..,., ..,.... ,..,. ,.. ,....,.. ..,..,.....,.... ..,.. ............ ........,..,........,......, ...... ,18
Stacked. """". .,.. ..,.,.",..,.,.". ..,."..,. "",.".,..". .",..,. ,.."..,..,."..."...".. .,..,18
Unstacked ",. ",., ", ".,...".,. """. .,.".,."",.".,',... ,...,.....,...,..""".."... .."" ,.20
Arbitration"",..."".".""".",.......".".,.,.". ,.".""".,.,.."""..,.,.""",.,.....,.....".,.... ,21
Assistance and Cooperation ............... ,....,........,....,..................,...................21
Notice of Legal Action ,...............,....,.........,....,......,....,..,..............,..,..,........,....21
Reimbursement and Trust Agreement .........,..,..,........,.....,..,........,..,....,..........22
Subrogation, "..".",., ,., """,., ".,.... .."..,.."",....".,...."""".."....,"',..,..,"'" ,..."..,..22
Proof of Claim .........,..,...",.........,....,............,........,..,....,..,............................,..22
Payment of Loss ........,........,' ...,................,..,..........,............................,..,..,....23
Part IV _ Coverage Against Underinsured Motorists ....,........,......,..............,...............23
Definitions for Underinsured Motorists Coverage ,..,..,....,......,...........,......,..,....23
Insured,., ",' """..""".," " ".,.., .""..,..,. .,.,.', ,.", .". "".. ,..,..",...".",.."...",,23
Underinsured Motor Vehicle ."",.,..,..."",...""".""""',.,....,...,.,,.,...,..".,24
Exclusions ".'" .,.,., """. "., .,..". ,..". """."."."..,.".....,. .",."...."..".""..".,.."..,. .".24
Limits of Liability, "." "".",."",," ..".,... "...""", ""...."".",....".""""""",....,...."..25
Stacked., ."",.,.." ,," ,. ,." ,,'" ."" ", ,,' ,..", ." .", .,." ..." "",........".... ",..,..,..,.,25
Unstacked """."" .", ,"'," ,....,.". ", ".,., .,.",." ."".,.",..,..,. "".."..,....,....,.,,26
Arbitration, ,..,." " .""""",' """.', '" '" ", .'". ".. """,.",. ,.",...",."",.,......,..,""'" ..,.28
Cooperation......,..,..,...."..,......".... ..,.....,..,...,',.... ,.... ....,..........,.................., ,..,28
Notl'ce of Legal Actl'on ' ,.".".""""",.,....".,..."....",."..",28
................................... .
Reimbursement and Trust Agreement ,........,..,....,..,..,....,....,......,........,..,....,..,28
Subrogat'lon ' ..",.,..",..,.,..".".."".......,."..29
..........................................................
Proof of Clal'- ' ..,..........,................................29
Ii....................................................
Payment of Loss ' ....,....,....,............,....,.............29
Part V First Party Ben~fii~......'....,..........,..,......,....,.. '........,........,..,..,....,..,..,...........30
~asic First Party Ben~fii~'..........,........,........,..,.. , ..,............,.......,......,..,..,......30
Added Fl'rst Party Benefits"" " ,',",' "",. """.",.,' ':::,:"" ,,',',' "",.,..,.,..".".,",.,. ",..30
................................
TICOPA,' ,05(4.94)- Plge 2- For policle. Eneclove Afte' 17 April 1i94
-
Combination First Party Benefits "..,..,..,.,.."".."",...,....".,.."..,"',......,..,....,.."..31
First Party Benefit Definitions ..,..............,..,..,............,......,......,....,..,..,..........,..31
Bodily Injury ,..",......,..,' ,......,.,.... ,.. ,....,.".. ,....,...."..,..."., ",....... ,.. ,.... ,.. ..31
Insured ."",...,..".""",..",.",.".,..,."."",.,.,."..,.,.....,""""""',....".,",."., .31
Motor Vehicle." """.'" .", ", .,.. .'"", .,. .,.',.,.. ,.'" ,.,.., ,.,. ."". ,."" """",. .."", ,32
Your covered auto ........................,..,....,..,....,.......,......,....,..,......,..,......32
Exclusions "".". .,. "" ,. "." ,.., ."., ".. ,.. ,.',. ,. ".. ,.,. .,. ".,."". ."." .", ,.. "....,.. ."" ."..'". ,,32
Limit of Liability.","" ".,... ".". ,",'" '" """., ,,' .'". "." ,." ...'",. ,...,.'" ." ,.',. .". ,.., "." ",34
Priorities of policies ....,....,.... ,..,... ....,............ ..,........ ..,.. ..,..,..........'.. ........ ....,....34
Non-Duplication of Benefits ..,......,......,...................................,..,........,..,....,.....35
Payment of Accidental Death Benefits ,..,............,..........,......,.........,..,..,..........35
Part VI _ Conditions for Ail Coverages ,........,..,..,..,....,..,..,....,....,..........,..,..........,......,35
Territory and Policy Period ...,....,.........,...,..,..............,.............,....,................,..35
Premium"". ."" '" .".., .',.',. "...,. """"",.," '" "." .',., ,.,.,..,.,.",' .,.".,.".".",. ..', .',.... ,,36
Notice ,. ". "",. .".. ...,., ... .".,. .,.. .""., '" .".. ",.,. ".,... .", ,. .""., ,,' ..". ".""., ". "." ".. ". ,. .36
Two or More Automobiles Insured....,...........,..........,....,..,...........,..,....,..,......,..36
Cooperation ",' .",.' ",.",." ",' ." ".",."...."," .',.. "., ..."....,...."".,. ..",."",.".,.,.,.,',. ,36
Action Against Company"", "" .,..", .",..,.,.... ,.......". "",........",..,.,."..".,., .,."". ,.37
Medical Reports; Proof and Payment of Claim ..........,....,..,........,..,......,....,......37
Subrogation, ,.."",., ." ." ",.,...,. ."" """,."", .,..'".., .."",. ,.....".".",."...,' .,.,...."..",,38
Changes.",.., .',. ." ".",.",.., ..', ", "",. ." ." .,."""".."." ."",.".. "."....,.." ".".",."" ,. ,.38
Assignment", ",. "",..,.. " ", ",., "".. """",.' .,..,... ,.",..,.", ,. ".",.,.".".."",.".,.".".".38
Cancellation" .,.. "., ,."", " .". ",. .'" ."" ".., .,.',. .,.,... ..', ,.",..., .,."., ....".,.,.".,.., ."",.,.39
Renewal"",," "',' ..".". ".,."", '" .'"" ". "",.".,.,..",..""""",.,.",',.,',...,",.,...,""..".39
Conditional Compliance with State Law ....,........,...................,......,......,...........40
Statement of Agreement ",. "., "",., "".".,.."",'" .""..",., ."...."..,.."",....,...... ."".40
POLICY DEFINITIONS
To make reading this policy easier, we will use some common terms as described
below, To be clear about what is covered and what Is not covered, we use more specific terms.
Pay close attention to the applicable definitions under each part of this policy:
You (your) are the policyholder listed in the Declarations and your legal spouse by
marriage if living in the same household,
We (us, our) are the companies listed above,
Listed vehicles are the vehicles described in the Declarations,.
Insured vehicles are any vehicles receiving coverage from this policy,
Listed drivers are the drivers listed in the Declarations,
Insured drivers are any drivers receiving coverage from this policy,
TICOPAIPAI,0514.941- Pig" 3- For Polities Ental." After 17 April 1994
Auto bUllnesl means the business of selling, repairing, servicing, storing, or parking
cars,
Bodily Injury means bodily Injury to or sickness, disease, or death of any person and
Includes care, lOll of services, and resulting death. Bodily Injury does not
Include any communicable social disease, including but not limited to herpes,
Acquired Immune Deficiency Syndrome or any of the venereal diseases or any
sickness or disease resulting from any communicable social disease,
LOll means direct and accidental damages covered by this policy,
Noneconomic 1018 means pain and suffering and other non-monetary detriment.
Occupying means In, on, getting into, or out of.
Occurrence means continuous or repeated exposure to the same conditions resulting
in bodily Injury, property damage, or other 10Sl, Accident means an
unforeseen and unplanned even or circumstance,
Private passenger car means a four-wheel private passenger vehicle,
Property damage means damage to or destruction of tangible property, including loss
of use thereof.
Relative means a person living In your household and related to you by blood, -
marriage, cr adoption, Including a ward or foster child,
Serious Injury means an injury resulting in death, serious Impairment of a body
function, or permanent serious disfigurement.
State means the District of Columbia and any state, territory, or possession of the
United States of America and any province of Canada,
Utility car means, if not used in a business or occupation other than
farming or ranching, a car with a rated load capacity of 1,500 pounds or less of
the pickup, van. off-road, or panel truck type,
Utility trailer means a vehicle designed to be towed by a private pal senger clr and
includes a farm wagon or farm implement while being towed by a private
passenger car or utility car, A mobile home, travel trailer, or any vehicle that
can be driven on its own is not a Utility trailer,
War means war, whether declared, civil war, insurrection, rebellion or revolution. or any
act or condition Incident to any of the foregoin,
Your Insured car means:
a) a vehicle described in the Declarations
b) a utility trailer you own
TICOPA(PA),05(..94) _ Page.- For Pol,e... EfteCllVe Afte, 17 AIlfll 1994
c) a car you acquire during the policy period If:
1) It replaces a vehicle described in the Declarations. and
2) we Insure all private passenger or utility cars owned by you on
the date of your acquisition of the replacement car, and you
notify us within 30 days after the date of acquisition of your
election to make this policy, and no other policy Issued by us,
applicable to the car
You agree with us that the latest version of your Declarations are part of this agreement.
Any forms you have signed and any applications you have submitted relating to this policy are
also part of this agreement. In retum for premium as consideration, after relying on the
statements you have provided in the application, and subject to the terms of this policy, we
agree to pay any sums due as described herein,
If you wish Car Damage Coverage to apply to the replacement car, you
must notify us within 30 days of the replacement car's acquisition,
d) A car or ut\llty trailer not owned by you, being used temporarily as
a substitute for a vehicle described in this definition, if the temporary car
is being used because your listed vehicle has been withdrawn from use
because of breakdown, repair, servicing, loss, or destruction, Under
Part I _ Liability, rented vehicles are considered temporary substitutes
while your car is not withdrawn from use when a listed driver is away
from home ovemight.
LIMITED TORT ALTERNATIVE INFORMATION NOTICE
Eligibility for Compensation
Each person who elects the limited tort alternative remains eligible to seek
compensation for economic loss sustained in a motor vehicle accident because of the fault of
another person pursuant to applicable tort law, Unless the injury is a serious injury, each
person bound by the limited tort election shall be precluded from maintaining an action for
noneconomic loss, except that:
A) An individual otherwise bound by the limited tort election who sustains damages in a
motor vehicle accident as the consequence of the fault of another person may recover
damages as if the individual damaged had elected the full tort alternative whenever the
person at fault:
1) Is convicted or accepts Accelerated Rehabilitative Disposition for driving under
the influence of alcohol or a controlled substance in that accident:
TICOPA{PA),05{4'~) _ Plge 5- For policle. EffecllVe Mer 17 Aprtl1994
2) Is operating a motor vehicle registered in another state;
3) Intends to injure himself or another person, provided that an individual does not
Intentionally injure himself C' .1nother person merely t-ecause his act or failure to
act is intentional or done with his reailZation that it creates a grave risk of
causing injury if the act or omission causing the injury is for the purpose of
averting bodily harm to himself or another person: or
4) Has not maintained financial responsibility, as required by the Pennsylvania
Motor Vehicle Financial Responsibility Law, Nothing herein shall affect the
limitation of a person, precluded from maintaining an action for noneconomic
damages under the limited tort altemative, to recover noneconomic damages
under Uninsured Motorists Coverage or Underinsured Motorist Coverage,
B) An individual otherwise bound by the limited tort election shall retain full tort rights with
respect to claims against a person in the business of designing, manufacturing,
repairing, servicing, or otherwisl' ..,aintaining motor vehicles arising out of a defect in
such motor vehicle that is ca,-' "d by or not corrected by an act or omission in the
course of such business, other than a defect in a motor vehicle that is operated by
such business,
C) An individual otherwise bound by the limited tort election shall retain full tort rights i:
injured while an occupant of a motor vehicle other than a private passenger motor
vehicle,
PART I - COVERAGE FOR LIABILITY TO OTHERS
Bodily injury and Property Damage Liabi/i'.:
We will pay damages. other than punitive or exemplary damages, for which an Insured
pel'$on is legally liable because of bodily Injury or property damage.
We only pay damages for bodily Injury and property damage caused by an accident.
The accident must arise out of the ownership, maintenance or use of your Insured car. We
shall defend any suit alleging such bodily Injury or property damage and seeking damages
that are payable under the terms of this policy, We will defend even if any of the allegations of
the suit are groundless, false, or fraudulent. We may make such investigation and settlement
of any claim or suit if we deem such investigation or settlement expedient.
Additional Definitions Used in This Parl Only
As used in this part, Insured person or Insured driver means:
1) You;
i
TICOPA(PA},05(..~I- Page 6- For Polie.e. EffecllVe After 17 ApII' 19l1ol
.2) A person using your Insured car with a reasonable belief that the person
is entitled to do so; or
3) Any other person or organization with respect only to legal liability for acts or
omissions of:
a) a person covered under this Part while using your Insured car, or
b) You or a relative covered under this Part while using a car or utility
trailer other than your Insured car if the car or utility trailer is not
owned or hired by that person or organization,
No person shall be considered an Insured person if the person uses a vehicle without a
reasonable belief they are entitled to do so, The coverage offered under Part I applies
separately to each Insured driver against whom a claim is made or a suit is brought. The
inclusion herein of more than one Insured driver shall not Increase the limit of our liability,
See Exclusions to Coverage in this Part 1,
Supplementary Payments
We will pay, along with the applicable limits of liability:
a) All expenses we incur, all costs taxed against the Insured driver in any such suit,
all interest on the entire amount of any judgment, any pre judgment interest, and any
post judgment interest accrued before we have paid or tendered or deposited in court
that part of the judgment which does not exceed the limit of our liability thereon;
b) All premiums on bonds to release attachments for an amount not in excess of the
applicable limit of liability of this policy; all premiums on appeal bonds required in any
such defended suit; the cost of bail bonds required of the Insured driver in the event of
accident or traffic law violation by an Insured vehicle, except that TICO's payments will
not exceed $100 per bail bond, and TICO shall have no obligation to apply for or fumish
any such bonds;
c) Expenses incurred by the Insured driver for such immediate medical and surgical
relief to others for bodily Injury covered by this part and as shall be imperative at the
time of an accident involving an Insured vehicle hereunder and not due to war;
d) All reasonable expenses, including up to $50 per day for loss of eamings, incurred by
the Insured driver at our request.
Exclusions
Part I does not provide coverage:
a) To any loss sustained while an automobile is used as a public or livery conveyance, or
TICOPA\PAj,051.,g.) _ p,oe 7- For Pollc'" Enect.ve Afte' 17 Aprol ,g~
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for carrying a person or persons for a consideration, unless such use is specifically
declared and described in this policy and a premium is charged therefor; provided,
however, that this exclusion does not apply to a share-the-expense car-pool;
b) To bodily Injury or property damage caused intentionally by, or at the direction
of, the Insured driver;
c) To bodily Injury or property damage with respect to which an Insured driver
receives benelils from a nuclear energy liability policy issued by a nuclear energy
liability insurer whether or not such contract has tenninated upon exhaustion of its limit
of liability;
d) To bodily Injury or property damage arising out of the operation of fann or other
machinery except for vehicles listed in the Declarations;
e) To bodily injury to any employee of an Insured person while engaged in any
business or domestic employment, or while engaged in the operation, maintenance,
or repair of the automobile; or to any obligation for which the Insured driver may be
held liable under any workmer's compensation, unemployment compensation or
disability benelils law, or under any similar law;
f) To bodily Injury to any fellow employee of the Insured driver injured in the course of
his/her employment if such injury arises out of the use of an automobile in the business
of his/her employer, but this exclusion does not apply to you;
g) To a loss when a listed vehicle is being used in the automobile business;
h) To a non-owned automobile while used:
1) in the automobile business by the Insured driver; or
2) in any other business or occupation of the Insured except a private passenger
automobile operated or occupied by you or your private chauffeur or domestic
seNant;
i) To injury to or destruction of property owned or transported by the insured driver, or
property rented to, in charge of, used by or in the care of the Insured driver other than
a residence or private garage injured or destroyed by a private passenger automobile
covered by this policy;
j) To any liability assumed by the Insured driver under any contract or agreement;
k) While any owned or non-owned automobile is used in, in practice for, or in preparation
for any organized race or speed contest;
I) To any bodily injury or property damage caused while a vehicle is being used without
a reasonable belief that the driver is entitled to use such vehicle;
m) For which the United States Government is liable under the Federal Tort Claims Act;
TICOPA(PAI,05(4.941 - Page 8- For PoilCle. Effect..e Ane' 17 Apll119!l4
n) . For any person's liability lor events occurring outside the United Slates 01 America or
Canada;
0) For the ownership, maintenance, or use 01:
1) Any vehicle with less than lour wheels;
2) Any vehicle other than a listed vehicle owned by you or available lor your
regular use;
3) Any vehicle other than a listed vehicle which is owned or regularly used by a
listed driver or members 01 their immediate families except when you use such
vehicle;
4) Any listed vehicle owned or available lor the regular use 01 anyone other
than a listed driver;
p) To any loss occurring when a utility car is used in connection with any business or
employment except larming and ranching,
q) To any loss occurring when any vehicle is used in connection with any business
except as described in the application for insurance for this policy,
Financial Responsibility Laws
If an Insured person becomes subject to the financial responsibility law or the
compulsory insurance law or similar laws of another state because of the ownership,
maintenance, or use 01 your Insured car in that state, we will interpret this policy to provide
any broader coverage required by those laws, Any broader coverage shall be reduced to the
extent that other auto liability insurance applies, No person may, in any event, collect more
than once for the same elements of an occurrence or accident.
This Part serves as proof 01 financial responsibility under the provisions of any motor
vehicle financial responsibility law. When used to certify coverage, the bodily Injury liability or
property damage liability provisions shall comply with the law to the extent 01 the minimum
coverage and limits 01 liability required, In no event shall we pay more than the limits of liability
stated in this policy, The Insured agrees to reimburse the company for any payment made that
it would not have been obligated to pay under the terms of this policy except for the agreement
contained in this paragraph,
Limit of Liability
The limit 01 bodily Injury liability staled in the Declarations as applicable to each
person is the limit of our liability for all damages, including damages for care and loss of
services, arising out of bodily Injury sustained by one person as the result of anyone
accident. The limit of liability stated in the Declarations as applicable to each accident is,
TICOPAIPA).05\..94) _ Page 9- For poliel" Effecllve After 17 Aplll 1994
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subject"to the above provision for each person, the total limit of our liability for all damages
arising out of bodily Injury sustained by two or more persons as the result of anyone
accident.
The limit of property damage liability stated in the Declarations as applicable to each
accident Is the total limit of our liability for all damages arising out of Injury to or destruction of
all property of one or more persons or organizations, including the 1011 of use thereof, as the
result of anyone accident.
We will pay no more than our limit for each individual and each accident regardless of
the number of Inlured drivers, claims made, vehicles or premiums shown in the Declarations
or vehicles Involved in the auto accident. Separate claims made on behalf of an estate and
any survivor who may benefit from the distribution of the assets of any estate will be treated as
the claim of one person, Any amount payable under this coverage or for an Injured person will
be reduced by any payment made to that person under the Uninsured or Underinsured
Motorist Coverage of this policy,
Other Insurance
If the Insured driver has other insurance against a 10ls covered by this Part, we shalt
not cover a greater proportion of the 10ls than the applicable limit of liability stated in the
Declarations bears to the total applicable limits of liability of all valid and collectible insurance
against such loss, Coverage for a temporary substitute automobile or an automobile you do
not own shall be excess insurance over any other valid and collectible insurance. Coverage
for newly acquired automobiles does not apply to any loss against which there is other valid
and collectible insurance,
Punitive Damages Coverage
This policy does not pay for punitive damages, However, if you pay an additional
premium and the coverage is listed on the Declarations, the exclusion of Punitive Damages
under this Part is null and void, The limits of liability as described above remain unchanged,
PART II -- COVERAGE FOR PHYSICAL DAMAGE TO LISTED VEHICLES
Several coverages provided in Part II are described below, You are eligible for the
described coverage only if a limit of liability is shown in the Declarations and you have paid a
premium for such coverage subject to the conditions listed,
Comprehensive
Comprehensive Coverage pays for direct and accidental loss of or damage to a listed
vehicle not caused by collision or upset. Damage caused directly by tornado, cyclone,
TICOPA(PAI,0514.94) - paoe 10- For POhc,.. Elfec1lVe After 17 Aprr11994
windstorm. hall. any falling object. and damages resulting from theft. breakage of glass.
earthquake. explosion. riot. insurrection. or civil commotion shall not be deemed a
comprehensive 1011 if it is caused by collision or upset.
Collision
Collision Coverage pays for direct and accidentallols of 'or damage to a lilted vehicle.
or a vehicle you rent when your car is withdrawn from use due to breakdown. repair, seNicing.
loss or destruction when such loss is caused by contact with another object or by upset.
Towing and Labor
Towing and Labor Coverage pays for tow. hook-uP and labor expenses Incurred when
your vehicle is disabled, The labor must be performed at the place of disablement. Payment
will be made when you present to us qualifying receipts,
Loss of Use Rental Car Coverage
In retum for your Rental Reimbursement Premium and if this coverage Is listed in the
Declarations. we agree to reimburse you If there is accidental loss or damage to your car
covered under this Part. for the rental of a substitute car of equivalent type, We will pay only if
the loss or damage necessitating the rental is the result of a Collision or Comprehensive claim
when you have purchased either coverage, Your vehicle must be continuously withdrawn
from use for over 24 hours, You must present a request for a rental car under this coverage
to us before you rent the vehicle, and you must provide us with proof of your rental charges at
a rate acceptable to us, We will pay up to the limit of liability as listed in the Declarations,
Additional Definitions Used in This Part Only
As used in this part, loss means direct and accidental losS of or damage to your Inlured Clf.
including its equipment. from an occurrence or accident.
Exclusions
Coverage under this Part does not apply:
a) While the automobile is used as a public or livery conveyance or used to carry persons
or property for a consideration, unless such use is specifically declared and described
in this policy and a premium charged therefor; provided. however, that this exclusion
does not apply to a share-the-expense car pool:
b) While the automobile is subject to any bailment lease, conditional sale, mortgage,
consignment agreement, or other encumbrance not specifically declared and described
in this policy;
TICOPA(PA),05(..94I- P.g. 11- For Polltt'. Eft.cll'le After 17 April 1994
c) To lOBI due to war, whether or not declared. Invasion. civil war, insurrection, rebellion,
revolution. nuclear reactior :ildiation. radioactive contamination. or to confiscation by a
duly constituted govemmental or civil authority;
d) To any damage to an automobile which results from wear and tear, freezing,
mechanical breakdown. electrical breakdown or other system failure. road damage to
tires. and manufacturers defect unless such damage is the result of total theft of your
Inlured Clr,
e) To robes. wearing apparel, tools. or personal property;
f) To tires. except when damaged by fire or damaged when stolen, unless such lOBI is
coincident with and caused by another lOBI covered in this policy;
g) 'hile an automobile is used in any lIIicit trade or transportation;
h) To any 10ls to an automobile arising out of, or while the automobile is used for,
transportation of any explosive substance or flammable liquid in retum for a fee;
i) To loss due to radioactive contamination;
j) While the automobile is used in. or in practice for, or in preparation for, any organized
race or speed contest;
k) To loss due to conversion, embezzlement. or secretion by any person in lawful
possession of the automobile under a bailment lease. conditional sale, mortgage, or
other encumbrance;
I) To loss due to riot or civil commotion;
m) To loss to tapes. records. CD's. or other devices used to record or reproduce sound;
n) To 10ls to a camper body or trailer not separately listed by endorsement and covered
through payment of an additional premium;
0) To loss to any vehicle used as a temporary substitute vehicle for a lilted vehIcle
unless the listed vehicle is withdrawn from use because of breakdown. servicing. lOll,
or destruction;
p) To Loss to TV antennas. awnings or cabanas, or equipment designed to create
additional living facilities. unless separately listed by endorsement and covered through
payment of an additional premium;
q) To loss to citizen's band radios. \Wo-way mobile radios. telephones. scanning monitor
receivers or other non-factory installed sound receiving or transmitting ee: 'lipment
unless of equal or lower value than the factory Installed equipment. Coverag. :an be
purchased separately. listed in this policy by endorsement. and covereo through
payment of an additional premium;
TICOPAIPA1,051.,g.) _ Pig' 12- For PohCl" Eft.ct... Aftor 17 AprU 1llt<l
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. To lOll to any vehicle being maintained or used by any person while employed or
otherwise engaged In an auto business, or to any utility car while used In any
business, or to any vehicle while being used In connection with any business or
employment not disclosed on the application for this insurance;
s)
To lOll under this Part for auto repairs made outside the United States of America and
Canada unless the listed vehicle can not be transported to the United States of
America or Canada In its damaged condition;
To 10ls to any custom furnishings or equipment In or upon any vehicle unless
separately listed In this polley by endorsement and covered through payment of an
additional premium, Custom furnishings include, but are not limited to:
t)
1, Special carpeting and insulation, furniture, bars, or television receivers;
2, Facilities for cooking and sleeping;
3,
Heigh:-axtendlng roofs;
4. Custom murals, paintings, or other decals or graphics;
5, Awnings, cabanas, and equipment designed to provide additional living
facilities; or
6, Custom molding, detailing, embe\llshments and accessories,
u) To los8 to custom or specialized equipment not Installed by the original automobile
manufacturer at the factory and to nonstandard parts or accessories unless listed
separately by endorsement and covered through payment of an additional premium.
Custom equipment may include, but Is not limited to:
1, Chrome, alloy, aluminum, or magnesium wheels;
2, Custom wide-tread tires and racing slicks;
3, Custom chroming, custom paint work, custom decals, or custom Interior work;
4, Sun roof, rnoon roof, t-bar roof, landau roof, bubble dome, bubble window, or
any deluxe roof treatment;
5, Equipment used either to structurally or mechanically or cosmetically moclify the
vehicle or its interior;
6, Wheel covers, aluminum wheels, wire spoke wheels, chrome engines;
7, Radios, stereos, tape players, and compact disk players;
8, Televisions. video players, and recorders;
TICOPAIPAI,OSI.,941- Plgo 13- Far PahC1<l1 EftocllVl After 17 AllrU 1194
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.g. Personal computers; or
10, Tapes, records, discs, or other media used with equipment described above,
v) LOll to any lilted vehicle IT,,,de available for the regular or frequent use of a driver not
listed In the Declarations of this policy.
Limit o( Liability
The limit of our liability for 1011 shall not exceed the least of:
a) the actual cash value of the stolen or damaged property at time of 1011; or
b) what It would cost UI to repair or replace the property with property of like kind and
quality, with deduction for depreciation, using a vendor we choose; or
c) the applicable limit of liability stated in the Declarations; or,
d) $500 for a utility trailer not owned by you or a relative,
The amount of each separate loss, when determined, shall be reduced by the
applicable deductible stated in the Declarations, The maximum amount we wih ..ay for
replacement of glass is the amount we would be obligated to pay a vendor we choose, It is
important to notf 'hat you may choose the vendor to make any repair or replacement of parts
for your automc. e, but we will have no liability for the quality of any such work nor be liable
to pay any amounts above the amount we would have paid to a vendor we selected,
Limit on Repairs in Mexico
We will make payment for 10ls under this Part In the United States of America and
Canada, not In Mexico, If a listed vehicle must be repaired In Mexico to be driven, we will not
pay more than the actual cash value of such 10ls at the nearest United States of America
point where repairs can be made,
When a Loss Payee is Listed
LOIS or damage under this policy shall be paid, as the Interests may appear, to you
and the 10ls payee shown in the Declarations. This insurance, with respect to the Interest of
the 10ls payee, shall not become invalid because of your fraudulent acts or omissions unless
the loss results from the conversion, secretion, or embezzlement of a listed v,,'~:cle,
However, we reserve the right to cancel the policy as permitted by policy terms and the
cancellation shall terminate this agreement as to the loss payee's Interest. We will mall the
loss payee written notice of the effective date of cancellation. When we pay the 1088 payee,
we shall. to the extent of payment. be subrogated to the loss payee's right of 'recovery, You
T1CQPA(PAI.05(4.;') _ Page '4- For Polic'" ElflctlVO .,ner 17 Apri119G4
shall pay us any difference between a deductible required by the loss payee and the
deductible you requested on this policy,
No Benefit to Bailee
This Part shall not directly or Indirectly benefit any organization, person, or bailee caring
for or handling property for a fee. or their insurance carrier for loss to your Insured car,
Other Insurance
If you or anyone who is eligible to receive payment under this Part has other Insurance
against a loss covered under this Part, we will not be liable under this policy for a greater
proportion of such loss than the applicable limit of liability of this policy bears to the total
applicable limit of liability of all valid and collectible insurance against such losS, Any coverage
provided under this Part for a vehicle not listed on the Declarations shall be excess over any
other collectible insurance. If other insurance is obtained on your Insured car, similar
insurance afforded under this policy for that car will cease on the date such coverage went into
effect. Please mail or facsimilea copy of your notice to us, and we will retum the short-rate
unearned premium subject to the minimum policy fee,
Insured Duties in Event of LosS
If there is a losS, the Insured shall:
a) Take all reasonable steps to protect the automobile. whether or not the loss is
covered by this policy, Any further loss due to the Inlured'. failure to protect
the property shall not be recoverable under this policy; reasonable expenses incurred in
affording such protection shall be deemed incurred at our request;
b) File with UI, within sixty (60) days after lOIS, a sworn proof of loss in such form and
including such information as we may reasonably require, The Insured shall. upon our
request, and before repairs are undertaken or physical evidence of losl Is removed,
exhibit the damaged property and submit to examination under oath.
If you and we fail to agree as to the amount of loIS, eilher may. withIn sixty (60) days
after proof of loss is filed, demand an appraisal of the lOIS, In luch event the Inlured and we
shall each select a competent appraiser, and the appraisers shall select a competent and
disinterested umpire. The appraisers shall state separately the actual calh value and the
amount of losS and failing to agree shall submit their differences to the umpire. An award In
writing of any two shall determine the amount of 1011, The Inlured and we shall each pay
his/her chosen appraiser and shall bear equally the other expenses of the appraisal and the
umpire, We shall not be held to have waived any of our rights by any act relating to appraisal.
Appraisal
TICOPAIPAI,O~I~,9~) _ Plgl I!\- For Pol.ClII EftlcllVl AIIIII7 AIl,",194
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Payment of Loss
We may pay for the 1011 in money; or may repair or replace the damaged or stolen
property; or may, at any time before the 10ls is paid or the property is so replaced, at our
expense, retum any stolen property to you, or, at our option, to the address shown in the
Declarations, with payment for any resultant damage thereto: or may take all or such part of
the property at the agreed or appraised value, but there shall be no abandonment to UI. We
may lellle any claim for 1011 either with you or the owner of the property, Payment for 10ls
may not be required, unless as a condition precedent thereto, the named Inlured shall have
fully complied with all the terms of this polley nor until 60 days after proof of 10ls is filed and the
amount of 1011 is determined as provided In this policy,
PART 1\1 _ COVERAGE AGAINST UNINSURED MOTORISTS
In consideration of the payment of premium and subject to all the provisions of this Part
and subject to the applicable provisions of the policy, we agree with you as follows:
We will pay compensatory damages that the Insured driver or his legal representative
shall be legally entitled to recover as damages from the owner or operator of an uninsured
motor vehicle because of bodily Injury sustained by an Inlured, and caused by an accident.
The operator's or owner's liability for these damages must arise out of the ownership,
maintenance or use of an uninsured motor vehicle,
No judgment for damages arising out of a suit brought against the owner or operator of
an uninlured motor vehicle is binding on UI unless we received reasonable notice of the
pendency of the suit resulting in the judgment and had a reasonable opportunity to protect our
interest in the suit.
Additional DefinW"ms Used in This Part Only
1) Insured, as used in this Part, means:
a) You or any relative;
b) Any other person occupying your Insured car; or
c) Any person for damages that a person is entitled to recover becaule of bodily
Injury to which this coverage applies sustained by a person delcribed in a) or b)
above,
2) Uninsured motor vehicle means a land motor vehicle or trailer of any type:
TICOPA(PA).05(..94I- Pago 16- For PoliCl" EffocllYl Al 17 Apnl Ivv.
Insured y.'ill not exceed the applicable limit of liability for First Party Benefits Coverage
shown in the Declarations,
3) The maximum recovery under all policies will not exceed the amount payable
under the policy with the highest dollar limits of benefits.
Non-Duplication of Benefits
No one will be entitled to recover duplicate payments for the same elements 01 1011
under this or any other similar automobile insurance including self-insurance.
Payment of Accidental Death Benefits
The Accidental Death Benefit under this policy will be paid to the executor or
administrator of the deceased Insured's estate. If there is no executor or administrator,
benefits shall be paid to:
1) The deceased Insured's surviving spouse; or
2) If there is no surviving spouse, the deceased Insured's surviving children; or
3) If there is no surviving spouse or children, to the deceased Insured's estate.
PART VI _ CONDITIONS FOR ALL COVERAGES
Territory and Policy Period
II under the provisions 01 the Motor Vehicle Financial Responsibility Law or the Motor
Vehicle Compulsory Insurance Law or any similar Law 01 any state or province a non-resident
is required to maintain insurance with respect to the operation or use 01 a motor vehicle in
such state or province and such insurance requirements are greater than the insurance
provided by the policy, the limit 01 our liability and the kinds 01 coverage afforded by the policy
will be set forth in such Law, In lieu 01 the insurance othelWise provided by the policy, but only
to the extent required by such Law, and only with respect to the operation or use of a motor
vehicle in such state or province, provided that the insurance under this provision shall be
reduced to the extent that there is other valid and collectable insurance under this or any other
motor vehicle insurance policy, In no event shall any person be entitled to receive duplicate
payments for the same elements 01 loss,
This policy applies only to accidents, occurrences, and loss during the policy period
shown in the Declarations while the car is within the United States of America, its territories,
possessions, or Canada, or between their ports,
TICOPAIPA1,05(.,9.1- Page 35- For PoliCl" Eft.Cllve After 17 Apfl119~
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Premium
If you dispose of, acquire ow~~rship of, or repl; ~ a private passenger, farm or utility
automobile, the premium adjustment :,ecessary will be made as of the date of such change
according to the rates and rules we currently use, You shall, upon request, fumish reasonable
proof of the number of such automobiles and drivers and a description thereof,
Notice
If there is an accident or loss, you, the Insured person or a legal representative must
provide us with written notice containing details and particulars sufficient to Identify the
Insured and injured persons. We must receive all reasonably obtainable information regarding
the time, place, and circumstances of the event. We must be provided the names and
addresses of the injured and of all available witnesses, The information shall be given by or
on behalf of each injured person for the Insured to the company or any of Its authonzed
agents as soon as practicable, If there is theft or vandalism, the Insured shall also promptly
notify the police, If claim is 'ilde or suit is brought against the Insured, lie/she shall
immediately forward to the company every demand, notice, summons, or other process
received by him/her or his/her representative,
Two or More Automobiles
With respect to an accident or occurrence to which this and any other policy we issue
to you applies, the total limit of our liability under all the policies shall not exceed the highest
applicable limit of liability under anyone policy. When two or more automobiles are Insured
hereunder, the terms of this policy shall apply separately to each except under Underinsured
and Uninsured Motorists Coverage If Stacked Limits are selected. All automobiles and trailers
attached thereto shall be held to be one automobile as respects limits of liability under PART I
of the policy, An automobile and a trailer attached thereto are considered separate
automobiles under PART II of this policy, including any deductible provision applicable thereto.
Cooperation
The Insured shall cooperate with us and, upon our request, assist in making
settlements, in the conduct of suits and in enforcing any right or contribution or indemnity
against any person or organization who may be liable to the Insured because of bodily Injury,
property damage, or loss with respect to which insurance is afforded under this policy. The
Insured shall attend hearings and trials and assist in securing and giving evidence and In
obtaining the attendance of witnesses, The Insured shall not, except at hlslher own cost,
voluntarily make any payment, assume any obligation, or incur any expense other than for
such immediate medical and surgical relief to others as shall be imperative at the time of
accident.
TICOPA(PA),051..94) - Plge 36- For POlocle. EffectIVe After 17 AIlril 1984
After notice of claim under PART IV - UNINSURED MOTORISTS COVERAGE, we may
require the Insured to take such action as may be necessary or appropriate to preserve the
right to recover damages from any person or organization alleged to be legally responsible for
the bodily Injury, In any action against us, we may require the Insured to join such person or
organization as a party defendant.
, Action Against Company
No action shall lie against us unless, as a condition precedent thereto, the Insured
shall have fully complied with all the terms of this policy, nor until the amount of the Insured's
obligation to pay shall have been finally determined either by judgment against the Insured
after actual trial, or by written agreement of the Insured, the claimant, and us, No one shall
have any right to make us a party to a suit to determine the liability of an Insured person,
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to the
extent of the insurance afforded by this policy, No person or organization shall have any right
under this policy to join us as party to any action against the Insured to determine the
insured's liability, nor shall we be impleaded by the insured or his/her legal representative.
Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve us or you
of any of our obligations hereunder.
Medical Reports: Proof and Payment of Claim
As soon as practicable, the injured person or someone on his behalf shall give us
written proof of claim, under oath if required, including full particulars of the nature and extent
of the injuries and treatment received and contemplated and such other information as may
assist us in determining the amount due and payable, if benefits for loss of wages or salary
(or in the case of the self employed, their equivalent) are claimed, the person presenting such
claim shall authorize us to obtain details of all wage or salary payments or their equivalent,
paid to him/her by any employer or eamed by him since the time of the bodily Injury or during
the year immediately preceding the date of the accident. The injured person shall submit to
mental or physical examinations by physicians selected by us and at our expense when and
as often as we may reasonably require, and he/she or, in the event of hislher death or
incapacity. his legal representative shall upon each request by us execute authorization to
enable us to obtain medical reports and copies of records,
Proof of Claim shall be made upon forms fumished by us, The person making claims
shall submit to an examination under oath by any person named by us as often as reasonably
required.
If a lapse occurs in the period of disability or medical treatment of an injured person
who has received benefits and such person subsequently claims a recurrence of the bodily
injury for which the original claim was made, such injured person or someone on his behalf
shall be required to submit to us reasonable medical proof of such recurrence, We will pay the
injured person, or any person or organization rendering the services, the amount payable
TICOPA(PA),0514.94)- Plge 37- For Poh",e. EfteCllve After 17 Apn11994
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hereunqer for such injury, Payment hereunder shall not constitute an admission 01 liability 01
any person or, except hereunder, by UI.
Subrogation
If there 15 any payment under this policy, we shall be enlllled to all the rights 01 recovery
of the person to whom the payment was made from any other person or organlZlllon. The
recipient of benefits hereunder shall execute and deliver Instruments and papers and do
whatever else Is necessary to secure such rights, The 1"lured Ihall do nothing alter lOll to
prejudice such rights, The beneficiary of this policy shall do nothing alter lOll to prejudice our
rights, This Subrogallon paragraph does not apply to First Party Benefits Coverage,
When ? person has been paid damages by UI under his policy and recovers Irom
another, the a;nount recovered from the other shall be held by that person In trult for UI to the
e);tent of our payment.
Changes
The policy and the Declarallons In: Jde all the agreements between you and UI
relating to this insurance. No change or waiver may be effected In thiS policy except by
endorsement Issued by us, If a premium adjustment Is necessary, we will make the
adjustment as of the date of notice (postmark or facsimile l: de) to UI, When wa broaden
coverage during the policy period without charge, the policy will automatically provide the
broadened coverage when effective in your atate, Notice or knowledge pOllelled by anyone
other than our agents or us, shail not effect' Naiver or a change In any part of this polley nor
estop us from asserting any right under tt,..' 1enns of this policy, nor shall the terms of this
policy be waived or changed. except by W'1~ 'In endorsement illued to form a part of this
policy, signed by our duly authorized represe..rrttlve,
Assignment
Assignment of Interest under this policy shall not bind us until our written consent Is
endorsed hereon; If, however, you or your spouse who Is a resident 01 the same household,
shall die, this policy shall cover:
a) The survivor as named In'lJred (you),
b) His/her legal representallVt1 as named Insured (you) but only while acting within the
scope of his duties as such, and
c) A' Jerson having proper temporal" custody of a listed v,hlele, as an Insured, until
th, "ppointment and qualification 01 such legal representr Ie, but In no event for a
period of more than thirty (30) days alter the date 01 such ~llath,
TICOPAIPA),051.,g.)- P.g. 38- Fa. PahCll. En.d'.. Aft.. 17 """I ,gllo\
Cancel/ation
We may cancel by sending notice of cancellation to you by certified mail at the address
shown in the Declarations or by delivering the notice in person (subject to the limitations
contained in the applicable Pennsylvania Statutes):
t!
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,
,
a)
At least ten (10) days prior to the effective date of the cancellation if the notice Is
mailed or delivered within the first sixty (60) days this policy is in effect and this is not a
renewal or continuation of a prior policy,
b) At least fifteen (15) days prior to the effective date of the cancellation if the
cancellation is for non-payment of premium or if your driver's license has been
suspended or revoked after the effective date of this policy or the anniversary of the
original effective date of the policy,
c) At least sixty (60) days notice if the policy was obtained through material
misrepresentation,
Cancellation requested by you must be in writing, signed by you, and delivered to us
by mail or facsimile. All cancellations by mail must be postmarked no sooner than 48 hours
before the day of requested cancellation, All cancellations by facsimile must be time stamped
by our facsimile at the time of or before the time and date of requested cancellation,
We may deliver any notice instead of mailing it Proof of mailing shall be sufficient
proof of notice, The effective date of cancellation stated in the notice shall become the end of
the policy period,
If this policy is canceled, you may be entitled to a premium refund, If so, we will send it
to you, but the making or offer of a refund is not a condition of cancellation, If you cancel, the
refund will be computed according to our accelerated short rate table and procedure, subject to
a $50 minimum earned premium, If we cancel, the refund will be computed on a pro rata
basis,
Renewal
We will offer a renewal to you before the expiration of your policy term, If we decide
not to renew or continue this policy (subject to the limitations contained in the applicable
Pennsylvania Statutes), we will mail to the named Insured, shown in the Declarations at the
address shown in this policy:
1) Notice before the end of the policy period if for nonpayment of renewal down payment
premium or if your driver's license has been suspended or revoked after the
anniversary of the effective date of this policy; or
2) At least 60 days notice before the end of the policy period in all other cases.
If we offer to renew or continue this policy and you or your representative do not
accept, this policy will automatically terminate at the end of the current policy period without
TICOPAIPA),0514.94) _ Page 39- For poilcle. Effect",e After 17 April 1994
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any further notice or offer, Failure to pay the required renewal or continuation premium prior to
expiratio'n shall mean that you have not accepted our offer,
Conditional Compliance with State L8W
The premium for, and the coverages of, this policy have been established In reliance
upon the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. In the
event a court from which there is no appeal, declares or enters a judgment the effect ot which
is to render the provisions of such statute Invalid or unenforceable in whole or In part, w. will
have the right to recompute the premium payable for the policy and void or amend the
provisions of the policy, subject to the approval of the Insurance Commissioner.
Statement of Agreement
By acceptance of this policy, you agree that the statements In the Declarations and
Application are your agreements and representations, and that w. Issued the policy In reliance
upon the truth of such representations, You agree that this policy embodies all agreements
existing between you and us or any of our agents relating to this Inlurance,
In Witness Whereof, we have caused this policy to be executed Ind Iltelted, but this
policy shall not be valid unless countersigned on the Declarations plge by our duly authorized
agent.
~
Lance Pool
Secretary
TICOPA(PA).05(I,84I- Plgo 10- For PolICllI Enoct... After 1 ' ,,""llg84
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III aa::on!allc:o with PCIIIII)'IYIllia law, we &I'D providill, you with III upl&ll&lloo of OUl Drivia, Record SlIJ'Ch.u)~
rulo. UDder which tho premiWIII for your policy &I'D lUl'Chuied ill tho OVCllI of a chu,eablo motor vehiclo
Accidalt(.) and/or OQQviclioo('), Hi,her premiWllS &I'D chuJed for drivers based Up<llItho Dumber of poulty
poi.ota accumulated duri.o, tho uperieaco peiiod. Tho UperiCllCO period is tho prccodill, 36 lIlOalhs. PremiulDI
for tho faUowi.o, cover&,cs &I'D affeclod: Bodily 1Dj\lJ)' Uability, Property Dama,o Uability. Medical ExpallO
Bcoelita, IllCQmo Lou BClIelits, CompRhCllSiVO IlId Colliaiaa.
PENNSU,VAN!A SURCHARGE DISCLOSURE STATEMENT
. ., ,
CHARGEABLE ACCIDEtml
Pai.ota are wiped for ea.ch _idCllI that occuned duriD,tho oaperiCllCO period, i.ovalvill,the appliCallI or my
reaideal operator. Pai.ots &I'D wiped repnllClS of which vehiclo was boill. drivea altho limo of the _idCllI,
IlIbjoct to the faUowi.o. dama,o roquirelDCllta.
, ~o poi.ol is assiped for ea.ch _ideal, or JIllup of a.ccideats, Ibal resu11 i.o bodily i.ojury, dcsth or dama.o to
> property. i.ocludi.o. the driver's, i.o which tho i.oaIIrer paid more lhIII S150 i.o UCClS of my deductiblo or
aelf-i.osurod releIltioo limil.
An additiaw poi.ol will bo wiped for my JIllUP of _idCllts, Dol asaiped poioll abovo, of which paylllCllll
made by tho insurer u a resu11 of bodily iDj\lJ)'. death or damap to propelt)'o i.ocludio. the driver's. i.o which tho
i.osw'er paid more lhIII S150 i.o ClCCIS of my deductiblo or aelf.iDsured relt:IItiaD limiL
Subseq\leal poi.ots will bo chu.ed for _idalts to tho CllCDl thai pa)'IDCII1l by us on thOao _ideats Clccod tho
, $750 threshold.
,
I
I
i EXCEPTIONS
,
I No poi.ots an: assiped for i.ovalvellll:lll i.o m a.ccideal wbere:
I I. The auto is lawfully parked (if tho pmked vehiclo roUs from the pmked position, theamy auch _ideal
is char.ed to tho pel'lOll who pmked the auto); or
. 2. The appliCalll, owner. or other resideal openIOf is reimburwl by or 011 beha1f of. a persoD who is
responsible for the accideal or hu ajudpx:D1 apiDat auch peI'IOII; or
3. Tho auto is IUIICk i.o the rear hy mother vehiclo aod the applicaol or other resideal operator hu DOl bcea
convicted of a movi.o. tnffic vialatiOll i.o COIIDectiOll with tho _ideal; or
4. The operator of the other auto iovalved i.o the accideal was COIIvicted of a movia. tnffic vialatioo aod
the appliCIIII or rcsidCIII opmlOr was Dot COIIvictod of a movia. vialatiOll ill COIIDoctioa with tho
accidenl; or
5. The auto is IlnIck by a 'hil-llId.l\III' vehicle. if the i.ocideol is reported to the proper authority wilhi.o 24
bows by tho appliCIIII or rcsideal opentor; or
6, The w:ideol i.ovalvcs damage by CQDtacl with anima1s or fowls; or
7. The w:ideol i.ovalvcs Physical Dama.e, limited to md caused by Oyio. .ravel, milliles, or fa1li.o.
objccts; or
I. The w:idenl OCCUI'I wheo usia. the auto i.o respoosc to m elllOtJeocy if the operator of tho auto at tho
time of the accideol was a paid or valunleer IllClllbor of illY Police or File DepartmODl, FiJst Aid Squad
or illY law eo!orcelllODl a.enC)'. 'Ibis ClccptiOO does Dol i.oclude III _ideol occurti.o. aller the auto
ceased to be used i.o respoosc to such CIDOI1ODC)'; or
9. Tho w:ideol results i.o III amounl boi.o. paid 00 beha1f of III i.osurod Imder FiJst party Beoolita Covon&o
or P.I.P. only. md tho applicaol or other resicleol i.o tho 11IIIO household is Dol COIIvictod or doca DOt
plead auilty of a movia. tnffic vialwoo i.o coDDOCliOll with tho _ideol; or
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~' occldcGl II iIlcumd b)' aD opcnlOr deDlOl1IltIIed 10 be 1 IWIlCld iIlNrod o~ P~CipaJ opolalOr of 11I1
111Io iDNrod UDder 1 aopuale polic)',
10.
No poillll will be char,ed, wbellllbo iIlsurer bu beoo nlmbWltd b)' or oa behalf of lbo IWIlCld iIlaured or
RiIldCIIII opcnlor. aI lout 60" of lbo 1o1a1 amoUIII paid claim throu,h auhlO"tloa, or form a ICItlema:I,of
judJlllOlllaplaat lbo reapoaslblo pany. Should aaurcharp be .......... aDd reimbwsoDICIIII a1alov.1 of all_
60" is obtaiaed al alaler dale, lb. iIINnIIco comp&D)' must rdUDd lbo amoual of lbo aurclwJe 10 lbe iaaured.
CHARGEABLE CONVICTIONS
PaiDlI ate auilDed for coavictlol1l of molOr vehicl. violalioaa that occur durio, lb. elperiClllce period iacwnd b)'
the appllcaal or 10)' raideal apenlor.
I. Thne poiall ate wilDed far the foUowia, coavictloaa:
L DriviDI whiI. ialollcaLod or UDder lbe iafiue:aco of drup.
b. Leavia.lbe 1CIlI. af 10 accideal iavalvia. bodiI)' iajlU)'.
c. FalIu-e to atop aDd report wbeo iavolved ia 10 occideal.
d. Fleeia. or aIlellljltla.lo elude a police officer,
e. Homicido or uuull ariaia. oul of lb. ':lllIStloo af a motor vehicle.
f. Dlivia. whil.IiCOlllO is IIISpCDded (;; revaked.
Thne poialS aha1I aIJo be UlilDed if lbe applicaal ar lO)'ooe who wuaII)' opcnlollbe motor vehicle bu
caroUed ia lbo Accelmtod Rehabililllive Diapositioa Propm (ARC) u provided ia tho Peaas)'lvaaia
RuI...
2. Two poialS are wilDed b)' Ibe foUowia.lituatlol1l:
L If. u of lbe effective ~ of tho policy. lb. fiIia. of evideoce of Fiaaacial RespoaIihilil)' UDder 10)'
Fiaaacial RespoaIibilil)' Jaw is required u alOlllll of either tho lCCIIIIIulalioa of poiall UDder a SIIIe
Poial S)'lIem or 1Iri.. of coavictiOlll.
3. ODe poial is auilDed ia lbe foUowia.lituatioaa:
a. SlIIJlODIioa ar lIIVocatioo of 10 opentor'IliCOlllO iacludia.a auspaIIioa ar lIIVocatioo of opentiIll
privileps UDder SectiClll 1533 of lbe Peaasylvaaia CoaIolidated SIIIIIIoI far falIure 10 rupoad 10 a
citatloa.
h. The filial of evideace of Fiuacial RapoaaIhilil)' UDder 10)' FiaaaciaI ReIpoIlIibuil)' Law is
required u of effective dale of lbo policy.
c. Two or more movial traffic violalioas Iilled ia Sectioa 1535 of Peaas)'lvaaia CoaIolidated SIIIUIoI,
d, If lbe priDciJ:al operalor of lbe aulo bu ao poialS uailfloc! far 10 accldall. bul bu IIOt beoo UCOIIIod
for thnle )'ean,
SURCHAROEPERCENTAOE
The aumber of poialS determiaea lbe aurcharle perceallp.
1
2
3
<4
5
6 or more
SurcharJe Perceallp
30"
60"
90"
175 "
200"
250"
Number of Paiall
t
EXTRAORDINARY MEDICAL BENEFITS COVERAGE
If ExtraonliDuy Medical Beaolillla &boWD in tho Dcclaratiolll. this ClIdOl'lOlDClll modiliea tho plOvisiol1l of Pan
V . Fint pany Bcolill.
I. EXTRAORDINARY MEDICAL BENEFITS COVERAGE
Beaolit Optllllll Buic Fint pany BCIIOlit. Added Fint Pany Beaelill, &lid CombiDatloa Fint pany
Bcofill ill tho Fint Pany beaolill CoVCl'I'o are dololod from thiJ oadOl'lOlDCllt &lid replaced by tho
foUowiD., to apply llIlIy to this COVCl'lJO:
We will pay medical upense beDelill in acconl&llcc with tho PClllISylvania IIIOtor vehiclo FiJwlcial
IlupoIIIibWty lAw to or for m Insured who 1I....ln. bacillI bVW')' cawed by m accidellt ariIiD. out of
tho IllliDlaWICe or \110 of a malor ,eh1cie IlIbjOCl to tho terms of thiJ ClIdOIlClllCllL Ropnlleu of
whothor you havo purcIwod Buic Added or CombiDatloa Fint pany Beaelill Covon.o lIIIdor tbiI
policy, we will pay ExtraonlilWy Medical Beaolill CoVOIl'O llIlIy after $100,000 hu boelI incurred by
my 000 Insured for medical OllJlORSe5l'C1111tla, from my oao accideaL
DEFINITION
Tho Dofiaitllllll in Pan V . Fint pany Beaelill apply to this a1dOl'lOlIIClIl. The foUowia, dofiaitloa is
added, aad applies oaly to this covellJO:
(1) 'Medical ElIpense' _ rasoaablo md r--ry medical elpallCl iacuned u a I'OIlIIt of m
accidall for m Insured's:'
1. Caro;
.'
2. Recovery; or
3. RehabWtatloa.
'Ib.iJ includes remedial care md trealllleDt readorod in acconlaaco with a recoJDiDd reliJiaus
lIIOlhocl of bea1ia..
EXCLUSIONS
Tho ellclusioDS in Pan V . Fint Pany Balelill apply to thiJ oadol'lOlIIClIL Tho foUowia, Ollclusioa is
added, md applies oaly to this COVCllJO:
We will 001 provide beDelill for bocIIIl bVW')' lIIIder tbiI a1donelDClll for tho lint $100,000 of medical
CllpeDSO incurred by m Insured u a resu1t of my accideat.
UMIT OF UABWTY
The Limit of LiabWty provisioa ia Part V - Fint Pany Balelill in delolod in this a1dOrKmeDl aad replacod by tho
foUowin,. to apply ooIy to this coVCllJO:
I. Tho limit of liability &bowa in tho Doclaratloas for ExtraonlilWy Medical Beaefill CoveraJO is tho
IIIOIt we will pay for medical upensos beaolits to or for each lasured as tho reIIIll of aay oao
accideut, IlIbjOClto aa aaauallimit of $50,000 for eacb lasured. However, tho aaauallimit of
$50,000 for each lasured docs Dol apply to medical upense iacumd witbia 18 IIIODths from tho
cIato tho lasund inCUIl $100,000 of medical expense as a raull of the accideul. nil is tho JDOIl
we will pay R,anlless of tho Dumber of:
, )
BACK cOV!:R ~ What Do You Do If You Want to R~pQ
.,
Tell Us Directly and Immediately
U~d,er this policy cont~act, ~ou are req~ired to notify us of any acct '.
may result In payout u~de~ this pO,hcy - even If such a payo~t is unlikely, ~.
you to give prompt notice If you wl~h to be covered, Immediately call our main cbIIl'
number: 1-800.551.7060. They will refer you to a TICO local claims service re I.
an office near your home, You will be interviewed about the loss, Obtain as much . -
as you can about the time, place, circumstances of the loss, severity of any damage or
and the names, addresses and phone numbers of others involved in the accident as weD
witnesses,
Help Us SeNte the Cjaim
A person claiming any coverage under this policy must:
1) Cooperate with us and help us in any matter concerning a claim or suit.
2) Promptly send us any legal papers received relating to a claim or suit.
3) Submit to physical examinations at our expense by doctors we choose as often
as we may reasonably require,
4) Authorize us to obtain medical and other records.
5) Provide any written proofs of loss we require,
Report the Accident to the Police if a Theft or an Uninsured Driver is Involved
Any person claiming Uninsured Motorists Coverage must notify the police within 24
hours of the accident If a hit-and-run driver is involved, Any person claiming Comprehens'
Coverage must notify the policy within 24 hours of when the car is discovered stolen,
Help Us Determine the Damage to Your Car Before it is Repaired
A person claiming Car Damage Coverage must:
1) Take reasonable steps after a loss to protect the vehicle and its equipment from furth
loss, We will pay reasonable expenses incurred in providing the protection,
2j Promptly report the theft of the vehicle to the police,
3) Allow us to inspect and appraise the damaged vehicle before its repair or disposal.
Our Fast, Fair Claims SeNiee Representatives Will Help You Get Back On the Road
Remember, call TICO direct with claims at 1-800-551-7060.
TICOPA(PA)-QS(4,94) _ Plge 41- For Pollc,,' Enect..e Afte, 17 Apn11994
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9, Denied as stated; to the extent that the averments of Paragraph 9 of Plaintiffs
Complaint are not legal conclusions and require response, the insurance policy speaks for itself;
all remaining averments of Paragraph 9 of Plaintiffs Complaint are denied and, if relevant, strict
proof thereof is demanded at trial.
10, Denied as stated; to the extent that the averments of Paragraph 10 of Plaintiffs
Complaint are not legal conclusions and require response, the insurance policy speaks for itself;
all remaining averments of Paragraph 9 of Plaintiffs Complaint are denied and, if relevant, strict
proof thereof is demanded at trial.
II, To the extent that Paragraph II of Plaintiffs Complaint is not a legal conclusion
and requires response, the same is denied; if relevant, strict proof thereof is demanded at trial.
12, To the extent that Paragraph 12 of Plaintiff s Complaint is not a legal conclusion
and requires response, the same is denied; if relevant, strict proof thereof is demanded at trial.
13, To the extent that Paragraph 13 of Plaintiffs Complaint is not a legal conclusion
and requires response, the same is denied; if relevant, strict proof thereof is demllnded at trial; by
way of further response, it is averred that the insurance policy speaks for itself,
14, To the extent that Paragraph 14 of Plaintiffs Complaint is not a legal conclusion
and requires response, the same is denied; if relevant, strict proof thereof is demanded at trial.
WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed
and that it be declared that TICO Insurance Company is and was required to provide coverage
for Defendant Shau Dong Wong and to pay reasonable attorney's fees, all other reasonable costs
of defense and the amounts necessary to settle the suit cited arising from the October 20, 1995,
motor vehicle accident.
NEW MA TIER
15, Defendant incorporates his answers to Paragraphs I through 14 to Plaintiffs
Action for Declaratory Judgment as fully as if set forth,
16, Defend~nt has settled the suit captioned Jeff Gonsar and Colleen Gonsar v, Shau
Dong Wong and Gin- Yong to Docket No, 96-507 in the Cumberland County Court of Common
Pleas and was required to pay reasonable legal fees in the amount $300,00 and to pay to the
Plaintiffs therein in the amount of $ 11,308,30,
17, The insurance coverage which was in place for Defendant by Plaintiff should
have covered all reasonable costs of defense and cost of settlement of the said claim,
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TICO Insurance Company,
Civil Action - Law
Plaintiff
vs,
No. 97-1155
SHAU DONG WONG,
EQUITY
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
AND ANSWER TO DEFENDANT'S COUNTERCLAIM
15, Paragraphs 1 through 14 of Plaintiff's Complaint are
incorporated herein as though fully set forth at length.
16. Denied. After reasonable investigation, Plaintiff is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 16
of Defendant's New Matter and the same are denied and strict proof
thereof is demanded.
17.
Denied,
This paragraph states a legal conclusion to
which Plaintiff need not respond.
Furthermore, Plaintiff is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 17
of Defendant's New Matter and the same are denied and strict proof
thereof is demanded,
18.
Denied,
This paragraph states a legal conclusion to
which Plaintiff need not respond,
Furthermore, Plaintiff is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 18
of Defendant's New Matter and the same are denied and strict proof
thereof is demanded.
19, Denied. This paragraph states a legal conclusion to
which Plaintiff need not respond. Furthermore, Plaintiff is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 18
of Defendant's New Matter and the same are denied and strict proof
thereof is demanded,
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment in its favor and against Plaintiff together
with the cost of this lawsuit.
COUNTERCLAIM
20, Paragraphs 1 through 19 of Plaintiff's Complaint and
Reply are incorporated herein as though fully set forth at length,
21. Denied, This paragraph states a legal conclusion to
which Plaintiff need not respond. Furthermore, Plaintiff is
without knowledge or information sufficient to form a belief as to
the truth or veracity of the allegations contained in paragraph 21
of Defendant's Counterclaim and the same are denied and strict
proof thereof is demanded,
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment in its favor and against Defendant together
with the cost of this lawsuit.
-
..
IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY,
PENNSYLVANIA
TICO Insurance Company,
Civil Action - Law
PlaintitT
vs.
No. 97-1 155
SHAU DONG WONG,
EQUITY
Defendant
DEFENDANT'S RESPONSE TO REOUEST FOR ADMISSIONS TO
PLAINTIFF'S REOUEST FOR ADMISSIONS
I. Admilled,
2, Admilled.
3, Admilled,
4, Admilled.
5, Admilled,
6, Admilled,
7, Denied as stated; the policy speaks for itself.
8. Denied as stated; the policy speaks for itself,
9, Denied; the contrary is denied that the insurance agent made any
explaination as set forth in request for admission 9,
10. Denied; it is denied that the insurance agent made any explaination as set
forth in request for admission 10.
._ I .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
TICO Insurance Company,
Civil Action - Law
Plaintiff
vs.
No. 97-1155
SHAU DONG WONG,
EQUITY
Defendant
ORDER
The attached Stipulation is approved.
Oc.~'1)14'17
J.
/
cc:
Michael B, Scheib, Esquire
Counsel for Plaintiff
Bruce D, Foreman, Esquire
Counsel for Defendant
_ c.~ ~~A /o/q/p..o
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